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LWSO 203 > Topic 6 > Flashcards

Topic 6 Flashcards

1
Q

Torts

A
  • a private wrong
  • A private matter against an
    individual, corporation or body
    of government
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2
Q

Tort law

A

law aiming to remedy
private wrongs through
compensation

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3
Q

True or false Tort law differs from contract
law

A

True

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4
Q

The two areas of law have been
distinguished since the 11th century

A
  • criminal law and tort law
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5
Q

True or false, there is overlap between the 2 areas of law, tort and criminal

A

True

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6
Q

Criminal law is..

A

• Criminal law is a public wrong; an
offence against the public interest

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7
Q

Criminal law is meant to…

A

Criminal law is meant to punish
wrongdoings, defer further
infringements, express social
condemnation for wrongdoings and
rehabilitate offenders

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8
Q

Like tort law, criminal law is developed
through case law (true or false)

A

True

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9
Q

While criminal law determines ———,
tort law determines ———-

A

While criminal law determines guilt,
tort law determines liability

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10
Q

Liability

A

: the responsibility for a legal
obligation

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11
Q

Are the standards of tort liability and
criminal guilt are different

A

Yes

  • Liability based on probability
  • Guilt based on proof beyond a
    reasonable doubt
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12
Q

In tort law, is there a requirement to prove intention

A

• In tort law, there is no requirement to
prove intention

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13
Q

Types of Torts

A

• Intentional tort
• Negligent tort
• Strict liability tort
• Property tort
• Dignitary tort
• Economic tort
• Toxic tort

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14
Q

Give an example of intentional tort

A
  • wrongful act done to harm someone
  • assault
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15
Q

Give an example of negligent tort

A
  • wrongful act that happens because someone wasn’t careful
  • a driver runs a red light and crashes into another car because they weren’t paying attention
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16
Q

Give an example of strict liability tort

A
  • being responsible for harm even if you didn’t mean to cause it and no matter how careful you were usually associated with pet owners and selling products as a company
  • example owning a dangerous animal, example the Delilah dog case
17
Q

Give an example of property tort

A
  • a wrongful act that harms someone’s property
  • spray painting someone’s car/house
18
Q

Give an example of dignitary tort

A
  • harm to someone’s reputation or emotional well being
  • defamation; spreading false rumours about someone to damage their reputation
19
Q

Give an example economic tort

A
  • harm caused to someone’s financial situation or business
  • intentionally obstructing ones economic abilities, obstructing sales, investments business, undermining business
20
Q

Toxic tort

A
  • harm caused by exposure to harmful chemicals or substances
  • a factory dumps toxic waste into river, making people sick
21
Q

Intentional torts

A

torts that occur as a result
of intentional physical or mental harm to
someone

22
Q

There are different standards between
intentional torts and negligence

A

• Involves intentional wrongdoings with
unintentional consequences, foreseeability

23
Q

Defences in intentional tort law

A
  • consent
  • self defence
  • necessity
  • legal authority
24
Q

Negligence

A
  • the failure of an individual or organization to meet a standard of reasonable care resulting in the injury of someone
25
Q

Duty of care

A

• a legal obligation in a specific context

26
Q

Standard of care

A

the degree/level of strictcare a
reasonable person would apply in a specific
context

27
Q

Reasonable person

A

someone who would not
be expected to be negligent under specified
circumstances

28
Q

Causation

A

links the defendants breach of
obligation to the plaintiff’s injury

29
Q

Remoteness

A

reflects whether a specific damage suffered by someone was reasonably foreseeable

30
Q

More v. Bauer Nike Hockey Inc.

A
  • hockey player suffered a serious head injury while wearing a Bauer helmet, alleging that the helmet was negligently designed he lost the case
31
Q

Mustapha v culligan

A
  • man who suffered mental distress after finding dead flies in bottle of drinking water
32
Q

Defences to negligence
include:

A

• Contributory negligence
• Accident
• Voluntary assumption of risk
• Participation in a criminal act

33
Q

King v. Redlich

A

Contributory negligence
- motorcyclist had failed to take reasonable care for their damages accordingly

34
Q

Punitive damages

A
  • damages awarded in tort law beyond what is
    necessary to compensate the injured
  • criticized for potentially duplicating sanctions with criminal law
35
Q

Whiten V pilot insurance Co

A
  • relates to punitive damages
36
Q

Tort law is primarily concerned
with compensation for the
injured

A

• Many argue that tort law is
inefficient for providing
compensation
• Vehicle accidents and work-
related accidents are covered
by insurance companies and
compensation boards,
respectively

LWSO 203 (11 decks)

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